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Full-Text Articles in Law

Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan Jan 2013

Consistently Inconsistent: The Constitution And Animals, Marianne Sullivan

Animal Law Review

No abstract provided.


A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman Jan 2013

A Slave By Any Other Name Is Still A Slave: The Tilikum Case And Application Of The Thirteenth Amendment To Nonhuman Animals, Jeffrey S. Kerr, Martina Bernstein, Amanda S. Schwoerke, Matthew D. Strugar, Jared Goodman

Animal Law Review

On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed …